HomeMy WebLinkAboutORD NO 3459ORDINANCE NO. 3459
AN ORDINANCE OF THE COUNCIL AUTHORIZING
AMENDMENT TO CONTRACT WITH THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM PROVIDING
PENSIONS FOR LOCAL MISCELLANEOUS MEMBERS
IN ACCORDANCE WITH SECTION 21251.132 OF
THE CALIFORNIA GOVERNMENT CODE.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
This Ordinance is adopted pursuant to California
Government Code Section 20460 and hereby authorizes an amendment to
the contract between the City Council of the City of Bakersfield
and the Board of Administration of the California Public Employees'
Retirement System, a copy of which amendment, to be effective June
20, 1992, is attached hereto as Exhibit "A" and by this reference
made a part hereof as though herein set out in full.
SECTION 2.
The Mayor of the City of Bakersfield is hereby
authorized, empowered, and directed to execute said amendment for
and on behalf of the Council of the City of Bakersfield.
SECTION 3.
This Ordinance shall be posted in accordance with City
Charter provisions and shall become effective thirty (30) days from
and after its passage.
.......... o0o ..........
OR;GIt~L
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on May 6. 1992 , by the following vote:
AYES; COUNCIL~MS,ER$ EOWARDS,.DeMOND,-S~,.-~ PETERSON. McOERM01'~' SALVAGEIO
NOES; COUNCiLMEMBERS: ~ '
ABSEN~ COUNC~LMEMBERS'~ .
~BSTAIN: CO~I~BE~' ~
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED May 6, 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MC/kef
ORD\PERS.PEN
OR;G~NAL
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF BAKERSFIELD
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entered
into a contract effective August 1, 1944, and witnessed July 17, 1944, and as amended effective January
1, 1950, November 1, 1957, October 1, 1958, April 1, 1965, October 1, 1967, January 1, 1971, June
26, 1972, January 22, 1973, May 23, 1973, September 19, 1973, April 24, 1974, January 1, 1977,
September 25, 1978, March 23, 1979 and October 3, 1983, which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
Paragraphs 1 through 13 are hereby stricken from said contract as executed effective October 3,
1983, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive:
All words and terms used herein which are defined in the Public Employees' Retirement
Law shall have the meaning as defined therein unless otherwise specifically provided.
"Normal retirement age" shall mean age 55 for local miscellaneous members and age 50
for local safety members.
Public Agency shall participate in the Public Employees' Retirement System from and
after August 1, 1944 making its employees as hereinafter provided, members of said
System subject to all provisions of the Public Employees' Retirement Law except such
as apply only on election of a contracting agency and are not provided for herein and to
all amendments to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
Employees of Public Agency in the following classes shall become members of said
Retirement System except such in each such class as are excluded by law or this
agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members).
Employees other than local safety members (herein referred to as local
miscellaneous members).
OR;GNAL
PLEASE DO NOT SIGN "EXHIBIT ONi.
In addition to the classes of employees excluded from membership by said Retirement
Law, the following classes of employees shall not become members of said Retirement
System:
EXCLUDE ALL FIREMEN EMPLOYED ON OR PRIOR TO JUNE 26,
1972 EXCEPT THOSE IN EMPLOYMENT ON CONTRACT DATE WHO
WAIVED RIGHTS UNDER THE LOCAL SYSTEM; AND
SCHOOL CROSSING GUARDS AND POLICE CADETS HIRED ON OR
AFTER FEBRUARY 1, 1974.
Prior to January 1, 1975, those members who were hired by Public Agency on a
temporary and/or seasonal basis not to exceed 6 months were excluded from PERS
membership by contract. Government Code Section 20336 supersedes this contract
provision by providing that any such temporary and/or seasonal employees are excluded
from PERS membership subsequent to January 1, 1975.
Assets heretofore accumulated with respect to members in the local retirement system
have been transferred to the Public Employees' Retirement System and applied against
the liability for prior service incurred thereunder. That portion of the assets so
transferred which represent the accumulated contributions (plus interest thereof) required
of the employees under said local system has been credited to the individual membership
account of each such employee under the Public Employees' Retirement System.
The percentage of final compensation to be provided for each year of credited prior and
current service as a local miscellaneous member shall be determined in accordance with
Section 21251.132 of said Retirement Law (2% at age 55 Full).
The percentage of final compensation to be provided for each year of credited prior and
current service as a local safety member shall be determined in accordance with Section
21252.01 of said Retirement Law (2% at age 50 Full).
Public Agency elected to be subject to the following optional provisions:
Section 21361.5 (Local System Service Credit Included in Basic Death Benefit)
for local fire members only.
Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for local safety
members only.
Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959
Survivor Benefits).
Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section
effective January 1, 1980.
e. Section 21222.6 (Special 159[ Increase for Local Miscellaneous Members).
f.
Sect~ 1222.85 (Special 3% - 15% Increase) ~r on behalf of those local
miscellaneous members and local safety members who retired or died prior to
January 1, 1974.
g. Section 20024.2 (One-Year Final Compensation).
10.
Public Agency, in accordance with Government Code Section 20740, ceased to be an
Hemployer" for purposes of Section 20759 effective on January 1, 1977. Accumulated
contributions of Public Agency shall be fixed and determined as provided in Government
Code Section 20759, and accumulated contributions thereafter shall be held by the Board
as provided in Government Code Section 20759.
11.
Public Agency shall contribute to said Retirement System the contributions determined
by actuarial valuations of prior and future service liability with respect to local
miscellaneous members and local safety members of said Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
A reasonable amount, as fixed by the Board, payable in one installment within
60 days of date of contract to cover the costs of administering said System as it
affects the employees of Public Agency, not including the costs of special
valuations or of the periodic investigation and valuations required by law.
A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to cover the costs of special valuations on account of employees
of Public Agency, and costs of the periodic investigation and valuations required
by law.
13.
Contributions required of Public Agency and its employees shall be subject to adjustment
by Board on account of amendments to the Public Employees' Retirement Law, and on
account of the experience under the Retirement System as determined by the periodic
investigation and valuation required by said Retirement Law.
14.
Contributions required of Public Agency and its employees shall be paid by Public
Agency to the Retirement System within fifteen days after the end of the period to which
said contributions refer or as may be prescribed by Board regulation. If more or less
than the correct amount of contributions is paid for any period, proper adjustment shall
be made in connection with subsequent remittances. Adjustments on account of errors
in contributions required of any employee may be made by direct payments between the
employee and the Board.~
B. This amendment shall be~,~ll~ctive
BOARD OF ADMINISTRATIOn%'~ ' 19 .
PUBLIC EMPLOYEES' RE~MENT SYSTEM
CHIEF, CONTRA~,ERVICES DIVISION
PUBLIC EMPL~j~ES RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)
on the day of
CITY COUNCIL (~4
OF THE ~-
CITY OF BAKERSFIELD~
BY
Presiding
Witness D~
Attes.
Clerk
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City
of Bakersfield; and that on the 3rd day of June , 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Corrected Ordinan~ No. 3459
City Council at a meeting held on the 6th
and entitled:
, passed by the Bakersfield
day of May , 19_~2_,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By. ,~. ,,
DEPUTY City Clerk
- PERS
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
C~TIFICA?IO#
OF
FIliAL ACTIO~l OF GOV~INII~G BOD~
DATE: May 7, 1992
I hereby certify:
the
on
That the
May 6, 1992
(Date)
City Council
(Governing Body)
of
City of Bakersfield
(Public Agency)
adopted
, by an affirmative vote of a majority of the
members of said Governing Body, Ordinance No. 3459
(Ordinance or Resolution)
approving the attached contractual agreement between the Governing Body of said
Agency and the Board of Administration of the Public Employees' Retirement
System, a certified copy of said Ordinance in the form
(Ordinance Or Resolution)
furnished by said Board of Administration being attached hereto.
(Clerk or Secretary)
City of Bakersfield
(Public Agency)
PEPS-CON-5
C0614 (Rev. 4/89)